The following Competition practice note provides comprehensive and up to date legal information covering:
Intellectual property laws confer exclusive rights on holders of patents, copyright, design rights, trademarks and other legally protected rights. The owner of intellectual property rights (IPRs) is entitled to prevent unauthorised use of its intellectual property and to exploit it, for example, by licensing it to third parties. At the same time, this right of exploitation does not mean that IPRs are immune from competition law intervention. As any other agreement, agreements concerning IPRs (eg licenses allowing the licensee to exploit the licensor’s IPRs) have to be compatible with Article 101(1) TFEU.
For most potential licensees and licensors, a first step in determining the compatibility of their arrangements with EU competition law will be to assess whether they may benefit from a block exemption regulation. The block exemption regulation that is most likely to apply to an IP licence is the Technology Transfer Block Exemption Regulation (TTBE, Regulation 316/2014), the latest version of which came into force on 1 May 2014 and expires on 30 April 2026. Article 2 of the TTBE exempts technology transfer agreements from the scope of Article 101(1) TFEU. This Practice Note sets out the scope of the TTBE and explains the conditions technology transfer agreements have to fulfil to benefit from it.
The TTBE only applies to agreements that qualify as ‘technology transfer
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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